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United States v. Beltran-Cabada

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


April 15, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
VENTURA BELTRAN-CABADA, DEFENDANT.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER THEREON

Date: May 3, 2010

Time: 9:00 a.m.

Judge: Hon. Anthony W. Ishii

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, SUSAN PHAN, Assistant United States Attorney, counsel for plaintiff, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant, Ventura Beltran-Cabada , that the date for status conference in this matter may be continued to May 3, 2010, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is April 19, 2010. The requested new date is May 3, 2010.

The pre-plea PSR prepared in this matter lists a prior conviction which the defense believes is not attributable to Mr. Beltran-Cabada. This continuance is requested to provide additional time to investigate the details of the prior offense.

The parties agree that the delay resulting from the continuance shall be excluded as necessary for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendant in a speedy trial.

BENJAMIN B. WAGNER United States Attorney DATED: April 15, 2010 SUSAN PHAN Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender

DATED: April 15, 2010 ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant Ventura Beltran-Cabada

ORDER IT IS SO ORDERED.

The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(7)(A).

IT IS SO ORDERED.

20100415

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